Poll Finds San Diegans Support Outlawed Jail Tax : Times Poll: However, few think the Supreme Court’s rollback of the sales tax will lead to an increase in crime.

Most San Diegans favor a new sales tax to build jails and courts similar to the half-cent measure recently ruled unconstitutional by the state Supreme Court, and also feel that the $330 million collected to date should be used to improve criminal justice facilities, rather than be refunded to taxpayers, a Los Angeles Times Poll shows.

Displaying a growing recognition of the problems posed by the region’s overcrowded jails and a willingness to pay to correct those woes, a lopsided majority of San Diegans is receptive to the idea of establishing a new tax to replace Proposition A, the half-cent sales tax struck down by the state high court last month, the poll showed.

More than two-thirds of those polled--68%--said they believe that such a tax is needed to improve local jails and courts, and 64% indicated that they would support a measure allowing the county to restore the half-cent levy specifically for that purpose.

In addition, although the state Supreme Court ruled that the $330 million-plus generated by Proposition A over the past two years should be rebated to taxpayers, an overwhelming 70% of the poll’s respondents said they would prefer that the county retain the revenue to build and operate jails and courts.

But if the money is ultimately refunded, a reduction in the local sales tax narrowly outdistances other alternatives such as an income tax credit and property tax cut as San Diegans’ preferred option, according to the poll.

While the poll detected broad public support among registered voters and the general public for additional financial support for new jails and courts, it also revealed several major caveats indicating that any ballot proposal aimed at creating a new tax for that purpose would be far from an electoral certainty--particularly if the measure required a two-thirds vote for approval.

Nearly three-fourths of those polled, for example, predicted that the rollback of Proposition A’s half-cent sales tax would have little effect on crime in the county, while only 16% felt that it might cause crime to increase.

Combined with findings showing that 47% of San Diegans are not even aware of the Supreme Court’s decision and that only 34% strongly support a jails tax, that attitude provides evidence of a questionable foundation for any plan to increase taxes.

“Crime-conscious San Diegans seem receptive to the argument that the jail tax is needed,” said Times Poll Director John Brennan. “But that’s no guarantee it would win two-thirds support in an election where a fraction of the county’s adults would turn out.”

The Times Poll is based on telephone interviews conducted Sunday and Monday of 1,308 adults in San Diego County. The poll’s margin of sampling error is plus or minus 3 percentage points.

Since the California Supreme Court’s Dec. 19 ruling, county officials have frantically pondered alternatives for replacing the revenue for jails and courts that otherwise would have been raised by Proposition A, estimated to generate $1.6 billion over its 10-year life.

Most county administrators concede that a new tax almost certainly would be required to raise the hundreds of millions of dollars needed to alleviate the shortcomings--notably, the lack of space--in local criminal justice facilities, but have expressed reluctance about asking voters to approve one so soon after Proposition A was declared invalid.

In striking down Proposition A, which drew a razor-thin 50.6% majority countywide in June, 1988, the Supreme Court ruled that the measure fell short of the two-thirds margin for new special taxes mandated by Proposition 13, the landmark 1978 property tax-cutting initiative approved by statewide voters.

Though county leaders continue to question whether a new tax proposal--dubbed “Son of Proposition A” by supporters and opponents alike--might require only a simple majority vote, the possibility of perhaps again facing the formidable two-thirds requirement has left them skittish about returning to voters with another ballot proposal, absent a pre-election showing of strong public backing.

Consequently, the poll’s results, while hardly a reliable harbinger of the outcome in a still-unscheduled ballot contest, at least gives county officials encouragement that, in the words of Sheriff Jim Roache, they would “have a fighting chance or better” at gaining public approval.

“The quandary I’ve been in is assessing whether and when to go back to voters,” Roache said. “None of us wants to waste our time if there isn’t a realistic chance to be successful, but these results indicate that there’s strong public support for a Prop. A-type initiative. I’m pleasantly surprised and encouraged.”

Indeed, when asked to identify the most pressing problem facing San Diego County, the most frequently cited response among those interviewed was crime, which was cited by 22% of those polled. Eighteen percent of the respondents pointed to unemployment as the region’s top problem, followed by growth (10%) and homelessness (8%).

Slightly more than half--51%--described the seriously overcrowded San Diego County jail system as unsound, with three-fifths of those individuals saying that the detention facilities need to be fundamentally overhauled. Twenty-three percent of those polled see the jails as basically sound, while 26% said they were uncertain.

Those results show that the public’s attitude about jail conditions has taken a decidedly negative swing over the past two years. When the same question was asked in an April, 1989, Times Poll, San Diegans were almost evenly divided, with 39% of the respondents calling the jails sound and 38% characterizing them as unsound.

The public clearly is sympathetic to elected officials’ laments about the need for new tax revenue for jails and courts, as evidenced by the poll findings showing that 68% believe that a special tax for that purpose is necessary and that, by a 64%-27% margin, San Diegans are receptive toward a revised version of Proposition A.

However, it must be remembered that the county supervisors have not yet decided whether to go before voters for the third time in five years with a jails’ tax proposal, and that an acrimonious campaign could dramatically alter public opinion on the always volatile taxation issue. Moreover, the limited public awareness and absence of strongly held views among a majority of San Diegans also could significantly shift the dynamics of such a race.

In regard to the fate of the more than $330 million already collected under Proposition A, an overwhelming majority of San Diegans said that the money should be used to finance jail and court construction and operations, not simply refunded to taxpayers. Seventy percent of those polled favored the county’s retention of the funds--an option that county lawyers are pursuing in court--while only 24% supported a rebate.

However, if a court eventually orders the county to refund the money, most San Diegans favor some form of tax reduction or credit. Thirty-five percent said they would prefer to see the county’s sales tax rate scaled back by an additional half cent until the $330-million pool is rebated, while 28% favored an income tax credit for county residents.

* MORE POLICE: Nearly three-quarters of San Diego residents support the idea of a special tax to hire more police officers. B1

Los Angeles Times Poll

Since the passage of Proposition A in 1988, an extra half-cent sales tax has been charged in San Diego County for the specific purpose of building and operating county courtrooms and jails. Do you think that special tax is necessary or not necessary? Necessary: 68% Not necessary: 24% Don’t know: 8%

The state Supreme Court recently struck down that tax on the grounds that it was passed by only a simple majority of county voters rather than the two-thirds margin the court says is required under state law. If a measure were proposed that would allow the county to restore the tax, would you be inclined to support such a measure? Support: 64% Oppose: 27% Don’t know: 9%

As part of its ruling overturning Proposition A, the state Supreme Court said that the $330 million already collected from the half-cent sales tax must be returned to the taxpayers. Do you think that revenue should be returned to the taxpayers or would it be better to use it for building and operating county courtrooms and jails? Build and improve jails and courts: 70% Return to taxpayers: 24% Not sure: 5%

How the Poll Was Conducted

The Los Angeles Times Poll interviewed 1,308 adult residents of San Diego County by telephone Jan. 12-13. Telephone numbers were selected from a list that includes all telephone exchanges in the county. Random-digit dialing techniques were used to ensure that both listed and unlisted telephone numbers had an opportunity to be contacted. Interviewing was conducted in either English or Spanish. The results were adjusted slightly to conform with census figures on variables such as sex, race and national origin, age, education and household size. The margin of sampling error for percentages based on the total sample is plus or minus 3 percentage points. For certain subgroups the error margin is somewhat higher. For questions asked only of city of San Diego residents, the error margin is plus or minus 5 percentage points. Poll results can be affected by other factors, such as variations in question wording and the order of question presentation.